Earlier this year near the Maryland-Pennsylvania border, a motorcyclist was killed when another vehicle crossed the center line on a highway and crashed into him. According to a recent report, police have apprehended the driver of the vehicle and charged him with homicide by vehicle, causing an accident involving death while not properly licensed, driving while operating privileges are suspended, driving without a valid license, reckless driving, careless driving causing death, and failure to drive on the right side of the road.
Evidently, the accident occurred on Barrett Pike near Garrett Road when the driver of a
mini-van that was heading south crossed over into northbound traffic. As the van entered the lanes of opposing traffic, the driver collide with the motorcyclist, fatally injuring him.
As it turns out, the driver of the van was from Mexico, and was not legally in the country. The judge denied the man bail and he currently awaits his trial date.
Criminal Charges Are Not the Only Means of Justice
While the family of the victim may take some solace in the fact that the driver of the van responsible for their loved one’s death is facing serious criminal charges, it is not their only means to obtain justice. Maryland allows for the families of those fatally injured in accidents to seek monetary compensation for their loss through what is called a wrongful death action.
A wrongful death action can be brought by an immediate family member—usually a husband, wife, parent, or child—against the person they believe is responsible for the death of their loved one. In some cases, other relatives can qualify to bring the cause of action; however, before filing the case a potential plaintiff should speak with a Maryland personal injury attorney to be sure they qualify.
Proving a Wrongful Death Claim
Once a party has established themselves as a proper plaintiff, they must them prove the case against the defendant. This requires that the plaintiff prove that the defendant acted negligently, recklessly, or intentionally, and, in taking such action caused the death of their loved one.
While it sounds simple in theory, proving a wrongful death claim can be tricky, especially when dealing with insurance companies and the sophisticated lawyers they employ. To help ensure that you get what you deserve, make sure to retain the services of a dedicated and experienced Maryland personal injury attorney.
Have You Lost a Loved One in a Maryland Motorcycle Accident?
If you have recently lost a loved one in a Maryland motorcycle accident, you may wish to consider filing a wrongful death action against the parties that you believe to be responsible. Although it may seem like a daunting task, the attorneys at the Maryland law firm of Lebowitz & Mzhen Personal Injury Lawyers have experience bringing wrongful death suits for aggrieved families and know how to do so in a respectful and effective manner. To schedule a free initial consultation with a dedicated personal injury attorney, click here, or call 410-654-3600 today.
More Blog Posts:
Two Maryland Motorcyclists Lose Their Lives in Recent Motorcycle Crashes, Maryland Motorcycle Accident Lawyer Blog, published July 10, 2014.
Motorcyclist Dies in Accident While Fleeing Police, Maryland Motorcycle Accident Lawyer Blog, published June 23, 2014.